[Ord. No. 1996-23]
The Borough of Belmar, a municipal corporation of the State of New Jersey, is desirous of establishing procedures for the disposal of real property and/or personal property.
As provided by N.J.S.A. 40A: 12-13(b)(5) a municipality may offer to sell at private sale (Schedule "A") to the owner of the real property contiguous to the real property being sold; provided that the property being sold is less than the minimum size required for development under the municipal zoning ordinances and is without any capital improvement thereon; except that when there is more than one owner with real property contiguous thereto, said property shall be sold to the highest bidder from among all such owners. Any such sale shall be for not less than the fair market value of said real property.
[Ord. No. 1996-23]
The Borough Clerk is hereby authorized to follow the procedures as established by the Borough Council and N.J.S.A. 40A:12-13(b)(5) for the disposal of real property and personal property not needed for public use.
The sale of each parcel of real property or personal property shall be subject to the following terms and conditions:
Subject to all the terms, covenants and conditions set forth by resolution of the Borough Council.
The Borough reserves the right, upon completion of bidding, to reject all bids received.
The minimum bid which shall be accepted by the Borough of Belmar for each parcel of property shall be as set forth by resolution setting forth the term and conditions of the sale including a minimum deposit which must be submitted to the Borough Clerk at time of receipt of bids by cash, bank check or certified check.
The Borough shall convey to the successful bidder a deed and possession of the property. Conveyance shall be made at the office of the Borough Clerk, at such time and place as shall be determined and title shall be conveyed by bargain and sale deed (covenants against grantor's acts). Such deed shall contain a provision permitting the reversion of such property to the Borough of Belmar in the event the successful bidder should fail to comply with any of the special restrictions as set forth within this Article or by resolution.
The successful bidder shall be responsible for all cost incurred in the preparation of all closing documents and all costs incurred in the recording of the deed.
The Borough Council reserves the right to adjourn the date for the receipt of bids for a period not in excess of one week, without advertisement.
The real property or personal property shall be sold "as is." The Borough does not make any claims or promises about the condition or value of any property.
The Borough agrees to transfer and the bidder shall accept ownership of the property free of all claims and rights of others, except for:
The rights if any of utility companies to maintain pipes, poles, cables and wires over, on and under the street, the part of the property next to the street or running to any house or other improvement on the property which street may abut said property.
Existing rents, municipal water charges, sewer charges, taxes, interest on any mortgage to be assumed and insurance premiums.
Recorded instruments or agreements which limit the use of the property, unless the same: (1) are presently violated; (2) provide that the property would be forfeited if provisions and/or conditions set forth therein were violated; or (3) unreasonably limit the regular and normal use of the property.
The Borough shall file with the Director of the Division of Local Government Services in the Department of Community Affairs, sworn affidavits verifying the publication of advertisements.
The Mayor and Borough Clerk are authorized to execute all documents necessary to implement the terms of this Article.